As we welcome 2026 with high hopes and new resolutions, let’s review some highlights from 2025 and consider practices that should be carried forward into the new year and those which should be left behind.
Ethics Opinions Issued in 2025
In Texas Ethics Opinion 701, the Professional Ethics Committee concluded that an attorney
The District of Columbia Bar recently issued Ethics Opinion 391, providing insight as to ethical issues lawyers and law firms should bear in mind when considering agreements with government entities. While the Opinion specifically analyzes the DC Rules of Professional Conduct, versions of the same three rules raised are found in nearly every state.
Today, several jurisdictions (D.C, Utah and Arizona) permit lawyers to practice in organizations where non-lawyers have ownership interests. For example, D.C.’s Rule 5.4(b) permits D.C. barred attorneys to “practice law in a partnership or other form of organization in which a financial interest is held or managerial authority is exercised by an individual nonlawyer who
Multijurisdictional practice can make any lawyer’s head spin, especially for lawyers licensed in multiple jurisdictions. The ABA Standing Committee of Ethics and Professional Responsibility, (the “Committee”) recently issued Formal Opinion 504, which breaks down the choice-of-law rules found in Model Rule 8.5.
Litigation
Model Rule 8.5(b)(1) provides that, for conduct in connection with
Can violating a legal ethics rule qualify as an unfair trade practice under a state’s consumer protection statute? A Florida district court recently said “Yes.” The question arose in motion practice over the admissibility of expert testimony in a timeshare-exit case.
And then there was one
A group of entities connected to Wyndham Vacation Resorts
Has your client ever suggested paying for your services via donations from a Kickstarter campaign, or a GoFundMe page? The District of Columbia Bar recently considered such donation-based crowdfunding, and greenlighted the basic concept — but noted that the ethical implications vary depending on the lawyer’s level of involvement in the crowdfunding effort.
Other people’s